Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Sydney Markets Limited v Sydney Flower Market Pty Limited [2002] FCA 283 COSTS – offer of compromise made by successful party prior to hearing – whether offer was a true offer of compromise – whether refusal of offer was unreasonable – whether successful party was entitled to an order that its costs be paid on an indemnity basis Dr Martens Australia Pty Ltd v Figgins Holdings Pty Ltd (No 2) [2000] FCA 602 applied Calderbank v Calderbank [1975] 3 WLR 586 referred to Multicon Engineering Pty Ltd v Federal Airports Corporation (1996) 138 ALR 425 cited Australian Competition & Consumer Commission v Amcor Printing Papers Group Ltd [2000] FCA 163 applied Hobartville Stud Pty Ltd v Union Insurance Co Ltd (1991) 25 NSWLR 358 applied Australian Competition & Consumer Commission v Universal Music Australia Pty Ltd (No 2) [2002] FCA 192 referred to McKerlie v State of NSW (No 2) [2000] NSWSC 1159 referred to SYDNEY MARKETS LIMITED v SYDNEY FLOWER MARKET PTY LIMITED N 178 OF 2000 HELY J 19 MARCH 2002 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 178 OF 2000
BETWEEN: SYDNEY MARKETS LIMITED
(ACN 077 119 290)
APPLICANT
AND: SYDNEY FLOWER MARKET PTY LIMITED
(ACN 002 721 904)
RESPONDENT
SYDNEY FLOWER MARKET PTY LIMITED
(ACN 002 721 904)
CROSS CLAIMANT
SYDNEY MARKETS LIMITED
(ACN 077 119 290)
CROSS RESPONDENT
JUDGE: HELY J
DATE OF ORDER: 19 MARCH 2002
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. Subject to Order 2, the applicant pay the respondent's costs of the proceedings (other than the issues raised by pars 30 – 45 of the defence). 2. The cross-claimant pay any costs incurred by the cross-respondent as a result of it replying to an issue that was raised in the cross-claim that was not raised by the application instituted by the applicant against the respondent. 3. Costs be assessed on a party/party basis. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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